Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 42A

42A Affidavit to accompany application for no jury order

(1) If the application is for a no jury order under the Code , section 614 , the party must file an affidavit with the application.

(2) The affidavit must—

(a) state the grounds on which the application is made; and

(b) state whether the party knows the identity of the trial judge and, if so, state the grounds on which the party considers that there are special reasons for making a no jury order; and

Example of grounds—

The identity of the trial judge is known to the parties well in advance of the trial because the trial is to be held at a place outside Brisbane and it is public knowledge that a particular judge will be sitting at the place.

(c) if the party is the accused person and is not represented by a lawyer—state that the party understands the nature of the application, including the effect of a no jury order; and

(d) if the accused person is to be tried with 1 or more other accused persons—

(i) identify each other accused person with whom the accused person is to be tried and, if known, state whether each other accused person consents to the making of a no jury order; and

(ii) exhibit a copy of any consent of another accused person to the making of a no jury order.

(3) When serving a copy of the application under rule 42 (3) or (4) , the party must also serve a copy of the affidavit.